Ganapathynagarajan.J 12 September 2017

Divorce/ rcr and 498a

Hi sir,

i have filed divorce on my wife july-2014 under cruelty ground, for counter she filed RCR,125crpc and FIR-us498a,509, 66aITA and 66eITA. i belongs tamilnadu and the girl belongs to andhra pradesh. she appeared into my divorce case with her council few hearings after that she didnot turned up to court and she has not filed counter too. i got ex-party divorce deree on march-2016. after that i have stopped attending to her cases in andhra. now she got exparty order in 125 crpc and RCR. after my divorce decree. still she is not filing set- aside petiion in divorce case or appeal. if i am getting marriage now, what will be the consequences for me?

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4 Replies

Moxit Shah 12 September 2017

if appeal period is lapsed, you can marry. though you will continue to pay Maintenance amount to your ex-wife. even you should appear in 125 matter and should contest to reduce her maintenance amount. it is best time for you to marry til she gets the order of set aside of ex-party divorce decree.

Moxit Shah

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Ganapathynagarajan.J 12 September 2017

Mr.Moxit,

since the divorce decree, one and half year passed. moreover she will not be set aside the divorce decree it seems. my query is i got exparty order. she got exparty RCR order. so how it will be???. if she filed divorce after one year lapses, based on RCR decree. is it possible?.

Siddharth Srivastava (Advocate) 12 September 2017

Yes, you can get married again after expiry of period of appeal.

Adv Radhika Mehta (Advocate) 13 September 2017

Originally posted by : Ganapathynagarajan.J

Yes, if you have not allowed her back even till after a year of RCR, she can file for Divorce. But if she wanted to give you Divorce, she would have agreed much earlier. My guess is that she will go for attachment of your property for non-compliance of the RCR decree. However this is the best time for you to go for re-marriage.